CA Exams : Will Consider Opt-Out Students’ Plea For Back-Up Exam ICAI informs Supreme Court

CA Exams : Will Consider Opt-Out Students' Plea For Back-Up Exam ICAI informs Supreme Court

Sonali Maity | Sep 9, 2021 |

CA Exams : Will Consider Opt-Out Students’ Plea For Back-Up Exam ICAI informs Supreme Court

CA Exams : Will Consider Opt-Out Students’ Plea For Back-Up Exam ICAI informs Supreme Court

The Institute of Chartered Accountants of India (ICAI) assured the Supreme Court on Thursday that within two weeks it will consider applications from CA students who have chosen not to take the July cycle exams due to COVID-related difficulties for holding a back-up exam this year itself.

In light of Senior Advocate Ramji Srinivasan’s assurance on behalf of the ICAI, a bench comprised of Justices AM Khanwilkar, Hrishikesh Roy, and CT Ravikumar dismissed an application filed by opt-out students seeking a back-up exam.

The applicants’ arguments

According to Advocate Prashant Bhushan, who represented the applicants, the ICAI was required to offer a back-up exam for students who opted out of the July cycle exam due to COVID-related difficulties under the Supreme Court’s June 30 ruling. The ICAI has recently said that opt-out students would be able to sit for the next regular cycle exam, which will be place in November of this year. This means that the pupils would miss out on an opportunity, according to Bhushan.

Bhushan further stated that the ICAI was revising the syllabus for the following year, and that a back-up exam was required to safeguard the attempts of the opt-out students of the previous syllabus.

ICAI’s stand

Senior Advocate Ramji Srinivasan, counsel for the ICAI, told the bench that opt-out students would not be deprived of an opportunity, and that opting out of the July cycle in accordance with the Supreme Court’s order would not be considered an attempt.

“There is no chance of missing out. We stated in July that students who opt out will receive a make-up in November…it will not be considered an attempt. All perks offered to opt-out students will continue to be available “Srinivasan made a submission.

He also stated that his previous year’s experience demonstrated that holding a separate back-up exam caused logistical issues. As a result, the institute opted to continue with the regular cycle for the back-up exam.

The bench asked the ICAI’s counsel if another exam for the old syllabus could be held.

“We’ll continue with the next cycle. No one will miss out on a chance “Srinivasan responded.

The bench stated that it did not wish to interfere with the ICAI’s exam schedule. “We’re saying you might have an extra exam with the previous syllabus in the next cycle,” Justice Khanwilkar, the presiding bench, proposed.

At this point, Bhushan brought up the fact that CA candidates are considered graduates of the year in which they pass the tests. As a result, if the additional exam is postponed until next year, the students may lose seniority.

“Allow them to consider having a back-up exam this year, even if it is after November. If they are given back up this year, they will be treated as this year’s pass outs “Bhushan proposed.

“Separate backup was deemed a failed experiment, according to them. We shall not compel them to do anything “, added Justice Khanwilkar.

“You create a visual representation. They’ll consider the question of seniority as well. Perhaps they will provide you with a better option “, the judge advised Bhushan.

As a result, the dispute was resolved in the following manner:

“We’ve listened to Counsels. We do not wish to pursue this petition further in light of the Institute’s position that all aspects brought to its attention will be considered and appropriate decisions in the best interests of candidates will be made provided that they are consistent with policy and extant Rules.

The petitioners are allowed to make representation through Senior Advocate Ramji Srinivasan, who has assured us that an appropriate decision on representation will be made within two weeks.”

Details of the application

The current application stated that the Supreme Court had directed that a back-up exam be held for those candidates who may be unable to appear in the CA exams in July 2021, to ensure that a candidate does not suffer as a result of COVID-19.

The Institute of Chartered Accountants issued a notification on July 1st, in response to the Court’s order, regarding an opt-out option for examinees for the Chartered Accountant Examinations, July, 2021, and announced that candidates who have recently been suffered to COVID-19 can opt out of the exam, which will not be counted as an attempt.

The notification went on to say that such candidates will be allowed to sit for the next main examination, which will be held in November 2021 for both the old and new syllabus, depending on the circumstances/situation/environment at the relevant time.

The current applicant has argued before the Apex Court that the ICAI’s notification violates the spirit of the Supreme Court’s order because, instead of offering an alternative opportunity, it has scheduled the Main examination for November 2021, when the exam is normally held as a backup. As a result, the candidates are effectively deprived an alternate opportunity as ordered by the Court.

The applicant claims that the ICAI held the November 2020 examinations in two cycles last year, in November 2020 and January 2021. As a result, in the current year, ICAI should conduct the examinations in two cycles, the first in July 2021 and the second in the months before November 2021, so that COVID-19 affected candidates do not lose their November 2021 attempt.

Earlier Order:

On June 30th, the Supreme Court directed the Institute of Chartered Accountants of India (ICAI) to provide a “opt-out” option to a candidate in the CA exams, which are scheduled to begin on July 5, due to COVID-related difficulties based on a medical certificate issued by a registered medical practitioner. The Court also abolished the ICAI’s requirement of producing an RT-PCR certificate in order to seek the “opt-out” option. The instructions were issued in a batch of petitions filed seeking different reliefs in relation to the CA Exams 2021.

Case Title: Sathya Narayan Perumal vs UOI

 

 

StudyCafe Membership

Join StudyCafe Membership. For More details about Membership Click Join Membership Button
Join Membership

In case of any Doubt regarding Membership you can mail us at [email protected]

Join Studycafe's WhatsApp Group or Telegram Channel for Latest Updates on Government Job, Sarkari Naukri, Private Jobs, Income Tax, GST, Companies Act, Judgements and CA, CS, ICWA, and MUCH MORE!"